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Home » 2016-03-01 Republican primary » Montgomery County » Judge, 9th District Court » Appeal reversal on $7.5 million judgement

Submitted by john wertz on 2016-02-15 00:07:59

IV. Conclusion

Because there is legally sufficient evidence to support the jury's finding that Yollick committed fraud, the trial court erred in granting the JNOV on this basis. The jury's assessment of actual damages is supported by legally sufficient evidence. The fraud claim is not barred by the economic-loss rule, and attorney immunity does not apply to Yollick's conduct in executing the Letter Agreement as the Bank's agent despite his knowledge that the Bank had no intention of performing. The statement that Yollick treats as an improper jury argument did not harm him because it applied only to a different defendant. Finally, we reject Yollick's challenge to the jury's assessment of exemplary damages because the same evidence that supports the jury's fraud finding supports its finding, by clear and convincing evidence, that the harm to the Investors resulted from malice or fraud."

We therefore reverse the portion of the judgment in which the trial court ordered " that Plaintiffs shall take nothing on their claims asserted against Defendant Eric Yollick, individually," and we remand the case to the trial court for rendition of judgment consistent with this court's opinion.